1

Writ Petition No.26991 of 2014

V.RAMASUBRAMANIAN, J
ORDER
The above writ petition was filed by a person belonging to the
Scheduled Caste, who married a girl belonging to the upper caste, on account
of which both of them were hounded and the girl eventually killed. The writ
petition was disposed of by me, by a final order dated 11.11.2014, with
certain directions. Paragraph 43 of the order which contains the operative
portion, reads as follows:

"43. In the light of the above, the writ petition is allowed to

the following effect:(1) The Superintendent of Police, Madurai and the 2nd
respondent will hand over all the records relating to crime no.
308/14 on the file of Usilampatti Police Station as well as the
materials collected by the present investigation officer namely the
Dy.SP (PEW), Madurai forthwith to the 3rd respondent who will
in turn nominate an officer not below the rank of a Superintendent
of Police to continue the investigation and submit a final report to
the Jurisdictional Magistrate . A further direction will follow to
the 2nd respondent to direct all their officers to accord full cooperation in the smooth conduct of the investigation by the CBI.
(2) The 2nd respondent is directed to appoint an officer of
the rank of an Inspector General of Police to conduct a
preliminary investigation on the conduct of the officers in the
circumstances that lead to the death of Vimaladevi and submit a
report to this court within a period eight weeks and get further
orders on the further course of action against such of those

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officers whose names came to adverse notice.
(3) The 2nd respondent is directed to accord police
protection to the petitioner

until the completion of the

investigation and until further orders from this court.

(4)

The petitioner is at liberty to renew the claim for

compensation on account of the death of Vimaladevi at the

appropriate stage.
(5) The 1st and 2nd respondents are hereby directed to pay
Rs.25,000/- towards costs to the petitioner within a period of four
weeks from the date of receipt of this order.
2.

Pursuant to the directions contained in paragraph 43(2), the

Inspector General of Police, South Zone, Madurai, filed a report before this
Court along with the memo issued by the Director General of Police on
21.02.2015. In the report of the preliminary enquiry submitted by the
Inspector General of Police, South Zone, he has stated that he examined
about 17 persons and recorded their statements. On the basis of the
statements so recorded, the Inspector General of Police has arrived at certain
findings. These findings are recorded in paragraph 4 of his report from serial
Nos.1 to 16.
3. On the basis of the findings recorded in paragraph 4, the Inspector
General of Police has also made certain observations in the form of a tabular
column in paragraph 5 of his report, indicating the lapses on the part of the
police officers and the officers who are responsible for such lapses. This
tabulation is worth extracting. Hence, it is extracted as follows:

S.
No.

Lapses

Officers held responsible

i.

Failed to enter information regarding registration Tmt.Rani, WSI, Usilampatti

of FIR in Usilampatti Town PS Cr.No.244/14 u/s Town PS, Madurai District.
366 IPC in the station General Diary dated
22.07.2014 of Usilampatti Town PS.

ii.

Failed to enter in Usilampatti Town PS GD. Tr.Sukumar,

Inspector
of
dt.24.07.2014 the fact regarding despatch of Police, Checkkanurani circle,
special party to Kerala in time. But later inserted Madurai District.
and made entries as if entered in time.
Failed to issue foreign passport to the special
party which went to other State (Kerala) in
connection
with
Usilampatti
Town
PS
Cr.No.244/14 u/s 366 IPC.

iii.

Failed to enter the facts regarding arrival of Tr.Sulkumar, Inspector of

special party from Pattambi, Kerala and Police, Checkkanurani circle,
connected matters in the Usilampatti Town PS Madurai District.
GD. dt. 25.07.2014.
Failed to record statement from special police
team which went to Kerala and produced
Vimaladevi & Dhilipkumar before Inspector of
police at Usilampatti AWPS on 25.07.2014.

iv.

Failed to register cases against the mob which Tr.Sukumar,

Inspector
of
waylaid the Inspector during production of Police, Checkkanurani circle,
Vimaladevi before JM Court, Usilampatti on Madurai District.
25.07.2014.

v.

Failed to enter the details of the enquiry 1.

Tmt.Anandhi,
WSI,
conducted in CSR No.489/14 in the General Diary Balagundu
PS,
Dindigul
dated 23.09.2014 of Batlagundu police station.
District.
2. Tr.Vinoji, Inspector of
Police
Balagundu
PS.
Dindigul District.

vi.

Failed to register case and produce Vimaladevi

before jurisdictional Magistrate Court on
23.09.2014 in connection with complaint of
Satheeshkumar.

1.
Tmt.Anandhi,
WSI,
Balagundu
PS,
Dindigul
District.
2. Tr.Vinoji, Inspector of
Police
Balagundu
PS.
Dindigul District.

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S.
No.
vii.

Lapses

Officers held responsible

Failed to give proper protection to Vimaladevi & Tmt.Anandhi, WSI, Batlagundu

Dhilipkumar who were sent out of the police PS. Dindigul District.
station after enquiry on 23.09.2014 around 4 PM.

viii. Failed to take action against the persons including Tr.Vinoji, Inspector of Police,
officials if any who were responsible in waylaying Batlagundu
PS. Dindigul
Vimaladevi, Dhilipkumar, auto driver Ranjith and District.
kidnapping Vimaladevi on 23.09.2014 at
Batlagundu.

4. After the report was taken on record, Ms.U.Nirmala Rani, learned

counsel for the petitioner also filed a list of about 47 honour killings that were
reported during the period from 2010 to 2015 in the State of Tamil Nadu. The
tabular column is reproduced for the purpose of finding out what best, the
stakeholders, namely the Society, the law enforcing agencies and the
judiciary should do to prevent such happenings.
Sl.
Date of
No. Occurrence

Deceased Name
Age and Caste

Spouse Name
Age and Caste

Crime No. and

Plice Station

5.5.2003

Murugesan, Dalit Kannagi,

Vanniar

5.6.2008

Thiruselvi,Hindu Daniel
Dalit

7.9.2008

Sivaji (29), Dalit

Lakshmi (29) 492/2008,

Caste Hindu
78/2008,
Dindugal
Thokur

4.11.2009

Sri Priya, Kallar

Pathrakali,
Dalit

23.6.2010

Suganya,
Hindu

4.7.2010

Sivakumar

5.8.2011

Elango

Caste Vetrivel
Dalit

...

...

Raj, 90/2008

302 & 201 of

IPC
U/s. 147, 148,
452,
32,
Taluk 506(ii) 364 of
IPC 302 of
IPC

Udumalaipettai
(23), ...

Mehala (19)
(25), Selvalakshmi

Act and
Section

302 IPC
...

266/2010,
Manamadurai

302,
IPC

... Munnirpallam

...

307

of

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Sl.
Date of
No. Occurrence

Deceased Name
Age and Caste

Spouse Name
Age and Caste

Dalit

(18), Hindu
Thenmozhi,
Hindu

Crime No. and

Plice Station

1.9.2011

Durai (21), ST

8.5.2012

Chitra, Vanniyar Mathavan,

Dalit

58/2012, 61/2012, 176, 147, 323,

Nagapattinam
342, 506(2) of
IPC
and
SC/ST
Act,
3(1)(10)

10

11.11.2012

Kokila, Paraiyar

Karthikeyan,
Arunthathiyar

...

11

15.12.2012

Roshi, Dalit

Kandhan, Caste ...

Hindu

...

12

19.12.2012

Gopalakrishnan,
Dalit

Durga, Hindu

328/2012,
Thirumuttam

342, 364, 302

of IPC and
SC, ST Cruelty
Prohibition
Act 3(2)(5).

13

17.1.2013

Nandhini
(21), Praveen, Dalit
Caste Hindu

31/2013,
Gummidipoondi

3431, 307 of
IPC

14

21.1.2013

Nandhini,
Koundar

...

...

15

31.1.2013

Pooppandi
@ Senbagalingam, 79/2013,
Alageswari (25)
A.Mukkualam

Sec.174
Cr.P.C.

16

3.2.2013

Dhanalakshmi,
Caste Hindu

174 of Cr.P.C.

17

6.5.2013

Punitha
Muthuriar

(24), Vinoth
Naidu

18

19.5.2013

Sowmya
Nadar

(20), Siva
(21), 446/2013,
Panikkar
Vadaseri

19

29.5.2013

Priyanga
(20), Moorthy
Arunthathiyar
Kuyavar

20

5.6.2013

Partipan
Dalit

21

26.6.2013

Kasthuri (22)

..., Vanniar

627/2011,
Thanippadi

Act and
Section

Prbu (26), Dalit 84/2013,

Viruthachalam
(26), 111/2013,
Vetharanyam

(24), 205/2013, Mallur

(21) Ochammal,
Caste Hindu

Siva (23)

302,
IPC

201

of

174 of CRPC.

of

302 of IPC
147,
148,
394(b), 307,
302 of IPC.
174 Cr.P.C.

117/2013,
Maruvathur

302 of IPC
and
Cruelty
Prohibition
Act
Sec.
3(2)(5)

2010/2013,
Kirushnagiri

302 of IPC

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Sl.
Date of
No. Occurrence
22

13.9.2013

23

Deceased Name
Age and Caste
Gomathi,
Hindu

Spouse Name
Age and Caste

Crime No. and

Plice Station

Caste Murugan, Dalit 110/2013,

Seelaperi

Act and
Section
302 of IPC

Sathiyapriya,
Hindu

Suntharesan,
Dalit

230/2013,
Devipattinam

176,120,
of IPC

320

Kotaisamy,
Dalit

128/2013,
Emaneswaram

174 of Cr.P.C.

Eariyodu

...

24

19.10.2013

Sasikala, Hindu

25

11.12.2013

Karthika,
Hindu

26

15.12.2013

Venkateswari

Muththaiya
(25)

...

...

27

6.3.2014

Sankerganesh,
Valayar

Sridevi,
Maravar

65/2014,Karivala
mvanthanallur

302 of IPC

28

...

Priya

..

17/2013, Sulagiri

174 of Cr.P.C
and 302 of
IPC

29

...

Pavithra

..

696/2013,
307,
Sathiyamangalam IPC

30

...

Meenakshi

..

331/2013,
Kadathoor

31

...

Amudhavalli (21) ..

26/2013,Irumbulik 498(A), 302(A)

urichi
of IPC

32

...

Keerthana

..

227/2013,
Sathankulam

302,
IPC

33

...

Saranya

..

53/2013,
Thuthukkudi
North

302 of IPC

34

...

Jaya

..

143/2013,
Periapalayam

302 of IPC

35

...

Devi

..

313/2013,
302, 498(A) of
Udhagamandalam IPC
Town

36

...

Valarmathi

..

293/2013,
Mohanur

302 of IPC

37

17.3.2014

Vetheki, Maravar Sureshkumar,

Maruthuvar

139/2014,
Kenikarai

294(b),
506(2), 342,
369 and 302 of
IPC

38

3.4.2014

Boopathi,

136/2014,

302 of IPC

Caste ... Dalit

Sathishkumar,

302

302,201
IPC

201

of
of

of

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Sl.
Date of
No. Occurrence

Deceased Name
Age and Caste
Udaiyar

Spouse Name
Age and Caste
Maniyakarar

Crime No. and

Plice Station

Act and
Section

Podinayakanur

39

21.6.2014

Bavani, Vanniyar Sathishkumar,

Dalit

280/2014,
Kenikarai

40

7.7.2014

Divya (16)

Mudhukullathur

41

1.10.2014

Vimaladevi (20), Dilipkumar

Kallar
(24), Dalit

42

14.11.2014

Muthukumar,
Paraiyar

Bhuvaneshwari, 156/2014,
Kongu Vellalar Chottapatti

V/S, 17(G)

43

10.12.2014

Amirthavalli,
Dalit

Palaniyappan,
Vanniyar

302 of IPC
and
Cruelty
Prohibition
Act Sec.3(2)(5)

44

..

Sathyabama,
MBC

Ragunath,
155/2014,Sithodu
Kongu Vellalar

302 of IPC

45

..

..

..

221/2014,
Bhuvanagiri

Sec.109,
120(B), 201,
302 of IPC,
SC/ST
Act
3(2)(5)

46

05.03.2015

Tamilselvi, Caste Boominathan,

Hindu
Dalit

Sivaganga TK

Sec.
149,
120(b), 302,
201, 176 &
145 of IPC

47

20.2.2015

David
Nadar

Tirunelveli Rural ..
Police

Saranraj

Raja, ... Thever

320 of IPC

308/2014,
147, 149, 306,
Usilampatti Nagar 176, 120(g),
201 of IPC

216/2014, Kottur

5. The learned counsel for the petitioner also brought to my notice a

decision of Justice K.Kannan of the Punjab and Haryana High Court dated
23.02.2015 passed in Civil Writ Petition No.26734 of 2014. In paragraph 10
of the said decision, the learned Judge issued certain directions, which are
worth noting. Hence, it is extracted as follows:

"10. There shall be separate cell in every police district for

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receiving complaints from couples expressing fear of physical
annihilation from parents, relatives and khaps. The police shall
make no attempt to compel adult couples to return to their parents,
if any one among the couples apprehends physical harm. The
police must keep an army of " friends of people" from amongst
progressive minded people in every village or group of villages,
where honour killings have been rampant, to provide emotional
support and counselling. They shall be sounded by the police,
when complaints are received, to play a tempering role to diffuse
tension in the village. There is a growing discounnect between
police and people. Police must keep live contact with people, not
merely to apprehend or arrest but also to promote harmony and
good will. Every case suspected to be an instance of honour killing
shall be considered for entrustment to a high power officer for
investigation not below the rank of a Deputy Superintendent of
Police and uder the direct control and supervision of the Senior
Superintendent of Police.
Civil Writ Petition No.26734 of 2014
The Secretary, Home Department, Haryana, shall convene
forthwith a meeting with all high ranking police officers of the
State and evolve an acceptable protocol for the persons who shall
be competent to investigate and prosecute cases of honour killings.
The proposed action shall provide a manner of tracking
responsibility to a police officer whose laxity has contributed to
the honour killing. If age old customs deny to the adults of the
freedom of choice as marriage partners, they must be treated as
obnoxious and will have no place in the constitutional ethos,
allowing for individual freedoms to flourish. If khaps or the
parents oppose, they shall be made to bow down to individual

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preferences that must be taken as mature actions of informed
adults. The law enforcement agencies shall be the first person who
shall respond positively to social welfare legislations."
6. I am of the considered view that some directions similar to those
issued by the Punjab and Haryana High Court may be essential to eradicate
the evil of honour killing. Hence, the following directions are issued:(1) The Inspector General of Police, South Zone, Madurai, shall forward the
copy of his Report to the Director General of Police, for appropriate
departmental action against the officers against whom a preliminary finding
of commitment of certain lapses has been recorded in his Report.
(2) As directed by the Punjab and Haryana High Court, the State shall create
special cells in every District, comprising of the Superintendent of Police, the
District Social Welfare Officer and District Adi-Dravida Welfare Officer, to
receive petitions/complaints of harassment of and threat to couples of intercaste marriage.
(3) These Special Cells shall create a 24 hour helpline to receive and register
such complaints and to provide necessary assistance/advice as well as
protection to the couple.
(4) Since all the police stations in the State appear to have been connected
electronically through CCTNS Portal (Crime and Criminal Tracking Network
and Systems) Network, the State of Tamil Nadu shall examine the possibility
of generating First Information Reports automatically (Auto-generated), upon
the receipt of complaints from the aggrieved couple, even through helpline.

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(5) The Special Cell formed in each District shall monitor on a regular basis,
the receipt of complaints through helpline or otherwise, the registration of
the same and the action taken by the concerned police.
(6) It shall be the duty of the Station House Officer of the police station
within whose limits the couple move about, to provide protection to them. In
order to ensure that such a protection is given, the Special Cell should ensure
that the complaint received through helpline or otherwise is forwarded
immediately to the police station within whose jurisdictional limits the couple
apprehending danger are moving about. The forwarding of the complaint to
the concerned police station will be facilitated easily if online registration
through CCTNS Portal is possible. The moment the request of the couple is
forwarded by the Special Cell to the concerned police station, it shall be the
duty of the Station House Officer of that police station to provide protection
to the couple.
(7) Without confining themselves merely to the grant of protection to the
aggrieved couple and taking action against the members of the family and
friends for chasing the couple, the Special Cell should take pro-active steps to
provide counselling to the parents of the couple.
(8) The State should set apart necessary funds for the purpose of eradicating
the evil of honour killing and make available sufficient funds at the disposal of
the Special Cells in each District. This fund can be utilized by the Special Cells
for providing temporary shelters to the couples and for rehabilitating them
wherever necessary. The Special Cells shall have a free hand to engage the

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services of Counsellors.
(9) In the event of any untoward incident, the Special Cell should fix
responsibility upon the officers who failed in their duty to protect the couple.
The failure to provide protection should be viewed as a major misconduct.
The State shall form the Special Cells and take the above measures within a
period of three months.

13.4.2016

Index : Yes
Internet
: Yes
gr/kpl
To
1.The Secretary to Government, Department of Home, Government
of Tamilnadu, Chennai#9.
2.The Director General of Police, Mylapore, Chennai.
3.The Joint Director, Central Bureau of Investigation (CBI), Rajaji Bhavan,
Besant Nagar, Chennai#90.

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V.RAMASUBRAMANIAN,J.
gr/kpl

WP.No.26991 of 2014

13.4.2016